Judge: Daniel M. Crowley, Case: 21STCV23163, Date: 2023-02-21 Tentative Ruling

Case Number: 21STCV23163    Hearing Date: February 21, 2023    Dept: 28

Plaintiff Songhee Kim’s Motion to Compel Compliance of Third-Party Jeehyun Yum with Deposition Subpoena

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On June 22, 2021, Plaintiff Songhee Kim (“Plaintiff”) filed this action against Defendant Jaewook Jeong (“Jeong”) and Jeong Jang (“Jang”) for assault, battery, false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress, failure to pay all earned wages and violations of the Ralph Civil Rights Act.

On September 27, 2021, Defendants filed an answer.

On September 29, 2022, Plaintiff filed a Motion to Compel Compliance of Third-Party Jeehyun Yum with Deposition Subpoena to be heard on December 29, 2022. The Court continued the hearing on the motion to February 21, 2023.

Trial is currently scheduled for August 1, 2023.

PARTY’S REQUESTS

Plaintiff requests that the Court order Third-Party Jeehyun Yum (“Deponent”) to comply with the deposition subpoena. Moving Defendants also request the Court grant sanctions totaling $1,400.00.

LEGAL STANDARD

A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (CCP § 2020.010.) A deposition subpoena may command the attendance and testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things. (CCP § 2020.020.) The Court may order a third party to comply with a deposition subpoena upon any terms or condition as the court shall declare. (CCP § 1987.1.)

CRC Rule 3.1346 states “A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.”

DISCUSSION

Plaintiff has not complied with CRC Rule 3.1346 service requirements for this motion. Under the applicable rule, a moving party must serve a motion to compel a third-party subpoena on said Deponent via personal service unless said Deponent has agreed to accept service by mail or electronic service. The proof of service for the motion lists that Deponent’s counsel was served via U.S. Mail or E-Mail. There is no indication that Deponent agreed to accept service by mail. The Court denies the motion for insufficient service.

CONCLUSION

Plaintiff Songhee Kim’s Motion to Compel Compliance of Third-Party Jeehyun Yum with Deposition Subpoena is DENIED.

Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.